Well we had information sent from them today which they're saying fulfills the SAR but I think otherwise. There's a copy of a letter they supposedly went to my OH (but he's never received) which informs him that they've been assigned the debt but it's not a copy of the Notice of Assignment. The full statement of accounts appears to consist of a print-out of their account information which simply states my OH's name, info that he's a home-owner (he isn't), an employer name he's never worked for and a total amount of debt. There is absolutely no break-down of what this figure is made up of. A note on the attached letter says they've applied to the lender for a copy of the credit agreement (so they obviously don't have that either). So along with the set-aside going into the local court, Mortimer Clarke are going to get a nice little reply stating they have NOT fulfilled the requirements made under OH's SAR and they have still failed to prove they own the debt.

Very true. OH was thinking about doing that but was rather suspicious that this company may not have anything to do with it at all and be pulling a fast one, especially after querying Northampton CC and hearing that the CCJ was still in the name of Yorkshire and no application had been made to change the creditor's details. That's why we sic'd a CCA and SAR on them to see if they had, in fact, been given notice of assignment and what exactly they were claiming for. As their name is on the SD as assignee of the debt, is it worth popping them £40 of postal orders at this point to bring the payments up to date? Oh and Shawn - well done on clobbering Lowells! Those buggers came after me a year back for a debt on a credit card I'd never owned after I had a tracer phone me to ask if I'd ever lived at an address I've never heard of. I managed to make them disappear back into the woodwork with a CCA and a further threat of reporting them to TS and the FSA.

Many thanks for the help on this Shawn Having had a really good look at this SD they are issuing it under section 268 (1) (a). We're going to apply for a set aside under #8 listed in the set aside application: "Say that the Demand does not comply with the Insolvency Rules in that....(and then highlight the following from Section 268 in red)...the complainants have failed to a) demonstrate the debtor is unable to pay the debt and b) the debt is subject to a CCJ repayment order of £10 a month and NOT immediate repayment" Section 268 says: 268. Definition of “inability to pay”, etc.; the statutory demand. (1) For the purposes of section 267(2)©, the debtor appears to be unable to pay a debt if, but only if, the debt is payable immediately and either Does that fit the bill in terms of satisfying that the Demand doesn't comply with the Insolvency Rules do you think? Should we also attach a copy of the CCJ to the affidavit do you think?

To answer your questions: 1. The payments are now not up-to-date. The last payment was made in Sept 08 and October's payment was returned by Yorkshire with a note that they had sold the debt on and the new owners would be in touch in due course. The next thing received was a letter from Phoenix in November demanding full and immediate repayment of the whole debt. We did the following: a) Emailed them stating the debt was subject to a CCJ with repayment terms of £10 a month and as far as we were away they had to accept that. That email, though read, was ignored. b) Sent off a CCA and SAR with appropriate payment. Both were received and signed for, but ignored. 2. SD gives the address of our local County Court 3. SD gives a contact name and address for the claimant, which is NOT the original creditor (Yorkshire Bank) but Phoenix Recoveries. 4. SD states that the debt was assigned to Phoenix in Sept 2008 though we have had our request to see that notice of assignment ignored. The issues for us are: We've had no copy of the notice of assignment to prove they even owe this debt (CCJ is not in their name) The figure they are requesting is different to the amount of the CCJ minus 4 years of payments so we want a full breakdown of the account We've been given no option or avenue to continue forfilling the £10 CCJ repayment terms as Yorkshire refuse it and Phoenix demand full repayment instead. Repayments are now 4 months behind (ie £40 in arrears).

It was sent by first class post. Is the fact that this debt is subject to a CCJ whose payment plan has been honoured enough grounds for a set-aside? It seems bizarre to me that a County Court can issue a CCJ, the debtor honour the repayment terms stipulated by that CCJ and still have a face a SD simply because the original creditor sells the debt on!

My OH has just been served an SD through normal post this morning from Mortimer Clarke acting on behalf of Phoenix Recoveries. We've read a lot of the SD information here but this case has one confusion which is making us unsure of what to do. In essence, the debt is the subject of a CCJ in 2004 with the repayment terms of £10 a month to Yorkshire Bank. My OH had been dutifully paying that £10 a month until he got a letter in the post one day from Phoenix Recoveries stating they had purchased it and would be in contact shortly regarding repayment. They got in contact to demand full repayment immediately. Here are the facts from our side: 1. Terms of CCJ (£10 a month repayment) had been honoured from 2004 until the point Yorkshire started refusing payments, stating the debt had been sold but not saying who to. 2. 14th Jan sent a CCA and Subject Access Request by registered post with applicable payment after receiving a letter from Phoenix stating they now owned the debt and demanding full and immediate repayment. We have confirmation of signed receipt but no response to the request. 3. 19th Jan we received a reply from Northampton CC to a query we sent about the CCJ stating that according to their records the debt is still owed by Yorkshire Bank and they have no application from Mortimer Clarke/Phoenix to amend it. They also stated that should the ownership of the debt be amended the terms of the CCJ would still stand and my OH would be liable only to continue paying £10 a month unless and until such time as the claimant applied through the courts to change that. So.... as it stands Mortimer/Phoenix have supplied no proof they now own this debt, the CCJ isn't in their name, they've ignored the CCA and Subject Access Request and they've served an SD. I can see a lot of info on setting aside an SD that's not been subject to a CCJ but can't find anything on setting aside a debt that is subject to a CCJ which was being satisified to the letter up until the point the creditor sold the debt. Could someone advise on what grounds we'd use to have this SD set aside?

Many thanks for the information! My OH has now written off to Northampton CC Bulk Centre with a query/complaint on this matter. He's also hit Phoenix/Mortimer Clarke with a Subject Access Request for good measure to see where the hell they've come up with this new debt figure from. He'll make a complaint to Trading Standards today. Shower of ****s these people! He wants to pay back this debt and has been doing so and they change the goalposts!

Many thanks for the advice. If the County Court Judgement still stands, despite the debt being sold on and the new 'owners' Phoenix demanding full repayment of the original amount I wonder if they'll now claim he's defaulted. The reason I say that is that their first communication which stated they now owned the debt explicitly stated that my OH should a) stop paying Yorkshire the monthly £10 ordered by the court and b) stated they would only accept full repayment. My OH hasn't sent any money to this outfit given their statement. Can they spin this and now state he's in default of the CCJ even though they told him they wouldn't accept the regular £10 payments? (it's now 2 months since his last payment to Yorkshire)

I've come seeking help with a problem my OH has. He owed approx £2k to Yorkshire Bank for a credit card (a lot of that figure was interest + charges) and had a County Court Judgement filed against him in 2004 and an order to repay £10 a month. This he has been doing faithfully since 2004, however he recently received a letter from Phoenix Recovery informing him they had bought the debt and demanding full repayment of £2092.42 which we're sure was the amount of the original judgement! Now he's received a letter from Mortimer Clarke Solicitors acting on behalf of Phoenix stating they will serve him with a Statutory Demand whereupon, if he fails to repay the amount in full within 21 days, they'll file a bankruptcy petition to court. So a few questions: Were Yorkshire within their rights to sell on a debt that was subject to a County Court Order? If so: Are Phoenix within their rights to demand a full repayment when a County Court Order stated repayment would be made at £10 a month and my OH has not defaulted on that? Does the County Order still stand now the debt has been sold on and, if it doesn't, can my OH demand a full statement of accounts to explain why the figure demanded takes no account of 5 years worth of payments? (£600) Can they make him bankrupt when all he's done is kept to the terms of the County Court Order and paid £10 a month? Any help appreciated here Thanks in advance!

Lowell Portfolio (and their alter-ego Red Debt) for trying to pin a debt on me that wasn't even mine and ignoring all requests to supply me with proof the debt was mine.

Many thanks for all the advice all. We'll try the S.A.R approach. In the long run, I guess there's not a great deal they can do to him anyway. He isn't trading and his assets are zero so they can't take what he doesn't have to give.

Writing this one on behalf of my partner who's being chased by an outfit called Tenon Recovery working on behalf of Yell. Ok - the background. My partner was a self-employed plasterer operating as a sole trader. He got a lot of sales calls from Yell and agreed to a salesman visiting him on site. The Salesman sold him a listing for his website, one of those which appear on the right hand 'priority' listings when you search for a trade in a specific area. A price was given which was particularly low and my partner stated surprise at the price, to which the salesman stated that the prices were kept low because, unlike the Yellow Pages, the ads on yell.com could be 'switched off' if the company didn't pay. My partner signed a contract on the basis of the sales pitch given on site. So, the advert appeared and was wrong. The click-through link was entitled '4' rather than the company name and the ad appeared when search for areas outside the region my partner had given. The price was also more than double what the salesman had outlined - around £500 a month. In short, the advert received ONE... yes ONE call in 6 months for a quote and led to nothing. My partner couldn't afford to take out additional advertising and his business went down the toilet - he is no longer operating as a plasterer and is retraining at college. He phoned Yell to cancel the advertising and was told they wouldn't do it. He explained that he was mis-sold, both on price and the region the adverts were placed in but was still denied a cancelation. He then stopped paying - there was no point, he wasn't operating and the cost was crippling him for absolutely NO return. Yell then said that the original salesman would contact him if he believed he'd been mis-sold...but nothing ever happened. Yell kept sending him statements (NOT demands) which he didn't pay and now, out of the blue, he's got a letter from Tenon Recovery stating that if he doesn't pay the sum of £2,303 in THREE days they will start proceedings to make him insolvent. As it stands, he has NO assets (I own our house and am the sole name on the mortgage) and has NO earnings since he is retraining. Does anyone have any advice on what to do? I thought we should hit them with a demand for a statement of account first off but I'm wondering what he can do about the fact he was verbally mis-sold whilst on site and got a service SO bad that he didn't get a single job for his £500 a month (whilst he was still mug enough to pay it).

You need to wait it out because they will follow it up with a letter telling you how much they want out of you. If its for B'card (they appear to have bought up a ton of B'card debts) then it'll give the last 4 digits of the card and the amount they're asking for. At that point you'll be able to recognise if it was your old card or not. Undoubtedly if it is your card, that £100 will have quadrupled and more by now.

Darren, well my case is basically the same as yours and I was advised to send off the Statue Barred letter. However I sent them £1 and a CCA request to get the original agreements. I've gone down this latter route only because I'm sick to death of the practices of companies like this so I'm quietly hoping they do send me somebody else's financial details to enable me to file a complaint about them breaching the Data Protection Act. The worst thing to do is phone them up and tell them they have the wrong person since they don't actually give a damn and will most likely demand you send them passports or other documents to prove you aren't the debtor - never do that. Apart from the identity theft risk, you may well find that your signature mysteriously turns up on documents you've never seen before in your life. I'd go for the Statue Barred letter (it's almost certainly a very old debt, even though it's not yours!) unless you're feeling particularly mischevious as I was! lol As for my case, Lowell's go into default on my CCA request in 3 days. I've continued to receive their 'threatogram' demand letters which I've filed away. If they've come up with no agreement in 3 days they'll be in default and in a calender month from them will have committed an offence if they've still not produced documents and won't be able to chase me legally. If they *do* produce documents I'll then hammer them under the DPA, keep my Post Office receipts and hit them with a demand for compensation for postal and printing costs.

This is exactly what I was hoping for when I did a CCA request to Lowells. They have said they'll send the agreements (they'll be in default period in another 4 days) and I know they are nothing I've ever signed...which, if they come up with these documents, leave them in a position of revealing somebody else's financial position to me. :grin: Obviously this is against the Data Protection Act. Does anyone know how I'd go about dumping them into a big pile of dollop from a great height for that sort of DPA breach?